HomeMy WebLinkAbout02_Tenaglia Residence Coastal Development Permit (PA2025-0188)CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
November 13, 2025
Agenda Item No. 2
SUBJECT: Tenaglia Residence (PA2025-0188)
▪Coastal Development Permit
SITE LOCATION: 262 Colton Street
APPLICANT: Phil Edmondson
OWNER: John Tenaglia
PLANNER: Cameron Younger, Planning Technician
cyounger@newportbeachca.gov, (949) 644-3228
LAND USE AND ZONING
•General Plan Land Use Plan Category: Single Unit Residential Detached (RS-D)
•Zoning District: Single-Unit Residential (R-1)
•Coastal Land Use Plan Category: Single Unit Residential Detached (RSD-C) (10.0
–19.9 DU/AC)
•Coastal Zoning District: Single-Unit Residential (R-1)
PROJECT SUMMARY
A Coastal Development Permit (CDP) to allow for the construction of a 166-square-foot
enclosed bedroom addition to an existing single-unit residence. The property currently
consists of an existing 1,937-square-foot dwelling and a 255-square-foot single-car
garage. The project complies with all development standards with no deviations from the
municipal code requested. The project complies with all development standards and no
deviations from the Newport Beach Municipal Code (NBMC) are requested. The project
requires a CDP due to an increase of building height of more than 10% within the coastal
zone.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines,
California Code of Regulations, Title 14, Division 6, Chapter 1, because it has no
potential to have a significant effect on the environment; and
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Tenaglia Residence (PA2025-0188)
Zoning Administrator, November 13, 2025
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3) Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit No. PA2025-0188 (Attachment No. ZA 1).
DISCUSSION
Land Use and Development Standards
• The subject property is in the R-1 Coastal Zoning District, which provides for single-
unit residential development and is consistent with the City’s Coastal Land Use Plan,
General Plan, and Zoning Code. A coastal development permit is required, and the
property is not eligible for a waiver for de minimis development because the property
is in the Coastal Commission Appeal Area.
• The project requires a Coastal Development Permit due to an increase of building
height of more than 10% within the coastal zone. The existing height of the
structure is approximately 22 feet from grade. With the proposed additon, the
height of the structure will be approximately 28 feet from grade, consistent Section
21.30.060(C) – (Height Limits and Exceptions) of the NBMC.
• The property currently consists of one legal lot developed with a single-unit
residence. The neighborhood is predominantly developed with single and two-
story, single-unit residences. The proposed design, bulk, and scale of the
development are consistent with the existing neighborhood pattern of development
and expected future development consistent with applicable development
standards.
Figure 1: Oblique Aerial Image of Neighborhood
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Tenaglia Residence (PA2025-0188)
Zoning Administrator, November 13, 2025
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•The project currently has nonconforming parking in the form of one 255-square-foot
single-car garage. The project conforms to Section 21.38.060(A) – (Nonconforming
Parking) of the NBMC, which allows for up to 10% of an addition to existing floor
area.
•The proposed residence conforms to applicable development standards, including
floor area limit, setbacks, and height as evidenced by the project plans and illustrated
in Table 1 below:
Table 1 – Development Standards
Development Standard Standard Proposed
Setbacks (min.)
Front 5 feet 5 feet
Sides 3 feet 3 feet
Rear 5 feet 5 feet
Allowable Floor Area (max.) 2,411 square feet 2,358 square feet
Allowable 3rd Floor Area (max.) 262 square feet N/A (no third-floor proposed)
Allowable 3rd Floor Area &
Covered (max.)
875 square feet N/A (no third-floor proposed)
Open Space (min.) 263 square feet 490 square feet
Parking (min.) 2 per unit in a garage 1 car garage
Height (max.) 24-foot flat roof
29-foot sloped roof
27.7-foot sloped roof
•The property is in an area known for the potential of seismic activity and liquefaction.
All projects are required to comply with the California Building Code (CBC) and
Building Division standards and policies. Geotechnical investigations specifically
addressing liquefaction are required to be reviewed and approved before the
issuance of a building permit. Permit issuance is also contingent on the inclusion of
design mitigation identified in the investigations. Construction plans are reviewed for
compliance with approved investigations and CBC before building permit issuance.
Public Access and Views
•Implementation Plan Section 21.30A.040 (Determination of Public
Access/Recreation Impacts of the NBMC requires that the provision of public access
bear a reasonable relationship between the requirement and the project’s impact and
be proportional to the impact. In this case, the project adds an additional bedroom to
the second story on an existing two-story, single-unit residence located on a standard
R-1 lot. Therefore, the project does not involve a change in land use, density, or
intensity that will result in increased demand for public access and recreation
opportunities. Furthermore, the project is designed and sited (appropriate height,
setbacks, etc.) so as not to block or impede existing public access opportunities.
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Zoning Administrator, November 13, 2025
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•The project site is not located adjacent to a Coastal View road, public access way, or
Coastal Viewpoint as identified in the Coastal Land Use Plan. The nearest Coastal
Viewpoint is located on the eastern corner of Canal and 62nd Street, where there is a
public view of the canal, although it is not visible from the site as it is approximately
880 feet northeast to the property. As currently developed, the existing property is
not located within the view shed of the park. The proposed single-unit residence
complies with all applicable Local Coastal Program (LCP) development standards
and maintains a building envelope consistent with the existing neighborhood pattern
of development. Additionally, the project does not contain any unique features that
could degrade the visual quality of the coastal zone.
•The project is located near various Public Beach Access points as identified in the
CLUP and provides vertical access through the street ends of Lancaster Street
(approximately 260 feet northwest of the property) and Sunset Drive (approximately
400 feet north of the property). Lateral access to the beach is available through West
Coast Highway, approximately 550 south of the property. The project does not
include any features that would obstruct access along these roots.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) under Section
15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 1 because it has no potential to have a significant
effect on the environment.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within a
state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
PUBLIC NOTICE
Notice of this public hearing was published in the Daily Pilot, mailed to all owners and
residential occupants of property within 300 feet of the boundaries of the site (excluding
intervening rights-of-way and waterways), including the applicant, and posted on the
subject property at least 10 days before the scheduled hearing, consistent with the
provisions of the Municipal Code. Additionally, the item appeared on the agenda for this
meeting, which was posted at City Hall and on the city website.
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APPEAL PERIOD:
This action shall become final and effective 14 days following the date the Resolution is
adopted unless within such time an appeal or call for review is filed with the Community
Development Director by the provisions of Title 21 (Local Coastal Program [LCP]
Implementation Plan) of the Newport Beach Municipal Code. Final action taken by the City
may be appealed to the Coastal Commission in compliance with Section 21.64.035 (Appeal
to the Coastal Commission) of the City’s certified LCP and Title 14 California Code of
Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. For
additional information on filing an appeal, contact the Planning Division at 949-644-3200.
Prepared by:
DL/cy
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
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01-10-2023
RESOLUTION NO. ZA2025-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A
COASTAL DEVELOPMENT PERMIT FOR AN ADDITION TO AN
EXISTING SINGLE-UNIT RESIDENCE LOCATED AT 262
COLTON STREET (PA2025-0188)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Phil Edmondson (Applicant) on behalf of John Tenaglia
(Owner) with respect to property 262 Colton Street, legally described as Lot 15 of Block
6 (Property) in the City of Newport Beach, requesting approval of a coastal development
permit (CDP).
2. The Applicant requests a CDP to allow for the construction of a 166-square-foot bedroom
addition to an existing 1,937-square-foot single-unit residence. The project complies
with all development standards and no deviations from the Newport Beach Municipal
Code (NBMC) are requested (Project). The Project requires a CDP due to an increase
of building height greater than 10% within the coastal zone.
3. The Property is categorized as Single Unit Residential Detached (RS-D) by the General
Plan Land Use and is located within the Single-Unit Residential (R-1) Zoning District.
4. The Property is located within the Coastal Zone. The Coastal Land Use Plan (CLUP)
category is Single-Unit Residential (RSD-C – 10.0 -19.9 DU/AC) and it is located within the
Single-Unit Residential (R-1) Coastal Zoning District.
5. A public hearing was held on November 13, 2025, online via Zoom. A notice of the time,
place, and purpose of the hearing was given by the NBMC. Evidence, both written and
oral, was presented to and considered by the Zoning Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This Project is categorically exempt pursuant to Title 14 of the California Code of
Regulations Section 15303, Division 6, Chapter 1, Guidelines for Implementation of the
California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities) because
it has no potential to have a significant effect on the environment.
2. Class 1 exempts repair, maintenance, and minor alterations of existing public or private
structures, including additions to existing structures. The project consists of a 166-
square-foot bedroom in addition to an existing second floor. Therefore, the Project is
eligible for the Class 1 exemption.
SECTION 3. REQUIRED FINDINGS.
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By Section 21.52.015(F) (Coastal Development Permits - Findings and Decision) of the NBMC,
the following findings, and facts in support of such findings are set forth:
Finding:
A. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The Project complies with applicable residential development standards including, but
not limited to, floor area limitation, setbacks, and height.
a. The maximum floor area limitation for conforming structures is 3,500 square feet.
The existing floor area of the property is 2,192 square feet and the new square
footage with the proposed improvements will bring the Property to 2,358 square
feet. Therefore, the Project complies with the maximum floor area allowed.
b. The existing single-unit residence provides one 255-square-foot single-car garage
space, which is considered non-conforming parking. NBMC Section 21.38.060(A)
(Nonconforming Parking - Residential) allows for a 10% addition to the existing floor
area within a ten-year period. Since the existing floor area of the property is 2,192
square feet, the maximum addition is 219 square feet. The proposed addition of
the Project is 166 square feet and complies with the nonconforming parking
allowances of the NBMC.
c. The proposed development provides the minimum required setbacks, which are 5
feet along the front property line along Colton Street, 3 feet along each side
property line, and 5 feet along the rear property line along the alley. The Project
will conform to the required setbacks with no encroachments proposed on either
side.
d. The Project requires a CDP due to an increase of building height of more than 10%,
while being located within the Coastal Zone. The existing height of the structure is
approximately 22 feet from grade. With the proposed additon, the height of the
structure will be approximately 28 feet from grade, consistent Section 21.30.060(C)
– Height Limits and Exceptions of the NBMC.
e. The highest guardrail is less than 24 feet from the established grade, and the
highest ridge is less than 29 feet from the established grade, which complies with
the maximum height requirements of the NBMC.
2. The neighborhood is predominantly developed with single and two-story, single-unit
residences. The proposed design, bulk, and scale of the development are consistent
with the existing neighborhood pattern of development.
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01-10-2023
3. The development is located on an inland property in a developed area approximately
1,000 feet northeast from the beach and approximately 240 feet southeast from the
Semeniuk Slough canal. The Property is separated from the canal by a row of
residences on both Canal and Orange Street.
4. The Property is in an area known for the potential of seismic activity and liquefaction. All
projects are required to comply with the California Building Code (CBC) and Building
Division standards and policies. Geotechnical investigations specifically addressing
liquefaction are required to be reviewed and approved before the issuance of building
permits. Permit issuance is also contingent on the inclusion of design mitigation identified
in the investigations. Construction plans are reviewed for compliance with approved
investigations and CBC before building permit issuance.
5. The Property is not located adjacent to a Coastal View Road, public access way, or Coastal
Viewpoint as identified in the CLUP. The nearest Coastal Viewpoint is located on the
eastern corner of Canal and 62nd Street, where there is a public view of the canal. The
Viewpoint is not visible from the Property as it is located approximately 880 feet northeast.
As currently developed, the Property is not located within the view shed of the Viewpoint.
The proposed single-unit residence complies with all applicable Local Coastal Program
(LCP) development standards and maintains a building envelope consistent with the
existing neighborhood pattern of development. Additionally, the Project does not contain
any unique features that could degrade the visual quality of the coastal zone.
Finding:
B. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone.
Fact in Support of Finding:
1. Implementation Plan Section 21.30A.040 requires that the provision of public access bears
a reasonable relationship between the requirement and the Project’s impact and be
proportional to the impact. In this case, the Project adds an additional bedroom to the
second story on an existing two-story, single-unit residence located on a standard R-1 lot.
Therefore, the project does not involve a change in land use, density, or intensity that will
result in increased demand for public access and recreation opportunities. Furthermore,
the Project is designed and sited (appropriate height, setbacks, etc.) so as not to block or
impede existing public access opportunities.
2. The Project is located near various Public Beach Access points as identified in the CLUP
and provides vertical access through the street ends of Lancaster Street (approximately
260 feet northwest of the Property) and Sunset Drive (approximately 400 feet north of the
Property). Lateral access to the coast is available through West Coast Highway which is
approximately 550 feet south of the Property. The Project does not include any features
that would obstruct access along these routes.
SECTION 4. DECISION.
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01-10-2023
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this Project is
categorically exempt from the California Environmental Quality Act under Section 15301
under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 1 because it has no potential to have a significant
effect on the environment.
2. The Zoning Administrator of the City of Newport Beach hereby approves Coastal
Development Permit filed as PA2025-0188, subject to the conditions outlined in Exhibit “A,”
which is attached hereto and incorporated by reference.
3. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal or call for review is filed with the
Community Development Director by the provisions of Title 21 LCP Implementation
Plan, of the NBMC. Final action taken by the City may be appealed to the Coastal
Commission in compliance with Section 21.64.035 (Appeal to the Coastal Commission)
of the City’s certified LCP and Title 14 California Code of Regulations, Sections 13111
through 13120, and Section 30603 of the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 13TH DAY OF NOVEMBER 2025.
______________________________________
Liz Westmoreland, AICP, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan, floor
plans, and building elevations stamped and dated with the date of this approval (except as
modified by applicable conditions of approval).
2. No demolition or construction materials, equipment debris, or waste, shall be placed or
stored in a location that would enter the sensitive habitat, receiving waters, or storm
drains or result in impacts to environmentally sensitive habitat areas, streams, the
beach, wetlands or their buffers. No demolition or construction materials shall be stored
on public property.
3. Demolition beyond the approved scope of work requires planning division approval before
the commencement of work. Approval of revisions to project plans is not guaranteed. Any
changes in the current scope of work may require the entire structure to be demolished
and redeveloped in conformance with the current Zoning Code Development Standards.
4. The Applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA).
In compliance with the MBTA, grading, brush removal, building demolition, tree
trimming, and similar construction activities shall occur between August 16 and January
31, outside of the peak nesting period. If such activities must occur inside the peak
nesting season from February 1 to August 15, compliance with the following is required
to prevent the taking of native birds under MBTA:
A. The construction area shall be inspected for active nests. If birds are observed flying
from a nest or sitting on a nest, it can be assumed that the nest is active. Construction
activity within 300 feet of an active nest shall be delayed until the nest is no longer
active. Continue to observe the nest until the chicks have left the nest and activity is no
longer observed. When the nest is no longer active, construction activity can continue
in the nest area.
B. It is a violation of state and federal law to kill or harm a native bird. To ensure
compliance, consider hiring a biologist to assist with the survey for nesting birds, and
to determine when it is safe to commence construction activities. If an active nest is
found, one or two short follow-up surveys will be necessary to check on the nest and
determine when the nest is no longer active.
5. The discharge of any hazardous materials into storm sewer systems or receiving waters
shall be prohibited. Machinery and equipment shall be maintained and washed in
confined areas specifically designed to control runoff. A designated fueling and vehicle
maintenance area with appropriate berms and protection to prevent spillage shall be
provided as far away from storm drain systems or receiving waters as possible.
6. Debris from demolition shall be removed from work areas each day and removed from
the project site within 24 hours of the completion of the project. Stockpiles and
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Zoning Administrator Resolution No. ZA2025-###
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01-10-2023
construction materials shall be covered, enclosed on all sites, not stored in contact with
the soil, and located as far away as possible from drain inlets and any waterway.
7. Trash and debris shall be disposed of in proper trash and recycling receptacles at the
end of each construction day. Solid waste, including excess concrete, shall be disposed
of in adequate disposal facilities at a legal disposal site or recycled at a recycling facility.
8. Revisions to the approved plans may require an amendment to this Coastal
Development Permit or the processing of a new coastal development permit.
9. The Project is subject to all applicable City ordinances, policies, and standards unless
specifically waived or modified by the conditions of approval.
10. The Applicant shall comply with all federal, state, and local laws. A material violation of
any of those laws in connection with the use may be caused by the revocation of this
CDP.
11. This CDP may be modified or revoked by the Zoning Administrator if determined that the
proposed uses or conditions under which it is being operated or maintained are
detrimental to the public health, and welfare or materially injurious to property or
improvements in the vicinity or if the property is operated or maintained to constitute a
public nuisance.
12. Before the issuance of building permits, the Applicant shall submit a final construction
erosion control plan. The plan shall be subject to review and approval by the Building
Division.
13. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall
be implemented before and throughout the duration of construction activity as
designated in the Construction Erosion Control Plan.
14. Before the issuance of building permits, a copy of the Resolution, including conditions
of approval Exhibit “A” shall be incorporated into the Building Division and field sets of
plans.
15. All landscape materials and irrigation systems shall be maintained by the approved
landscape plan. All landscaped areas shall be maintained in a healthy and growing
condition and shall receive regular pruning, fertilizing, mowing, and trimming. All
landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be
kept operable, including adjustments, replacements, repairs, and cleaning as part of
regular maintenance.
16. Construction activities shall comply with Section 10.28.040 (Construction Activity –
Noise Regulations) of the NBMC, which restricts hours of noise-generating construction
activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday
through Friday, and 8:00 a.m. Noise-generating construction activities are not allowed
on Sundays, or Holidays.
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17. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 (Community Noise Control), under Sections 10.26.025 (Exterior Noise Standards)
and 10.26.030 (Interior Noise Standards), and other applicable noise control
requirements of the Newport Beach Municipal Code (NBMC).
18. Before the issuance of the building permit, the Applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
19. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by the current
property owner or agent.
20. This Coastal Development Permit No. PA2025-0188 shall expire unless exercised within
24 months from the date of approval as specified in Section 21.54.060 (Time Limits and
Extensions) of the NBMC, unless an extension is otherwise granted.
21. To the fullest extent permitted by law, the Applicant shall indemnify, defend and hold
harmless the City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any claims, demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and
expenses (including without limitation nature whatsoever which may arise from or in any
manner relate (directly or indirectly) to City’s approval of Tenaglia Residence,
including but not limited to Coastal Development Permit No. PA2025-0188. This
indemnification shall include, but not be limited to, damages awarded against the City,
if any, costs of suit, attorney’s fees, and other expenses incurred in connection with such
claim, action, causes of action, suit, or proceeding whether incurred by the Applicant,
City, and/or the parties initiating or bringing such proceeding. The Applicant shall
indemnify the City for all of the City's costs, attorney’s fees, and damages that which the
City incurs in enforcing the indemnification provisions set forth in provisions outlined in
this condition. The Applicant shall pay to the City upon demand any amount owed to the
City under the indemnification requirements prescribed in this condition.
Building Division
22. The Applicant shall obtain all applicable permits from the City’s Building Division. The
construction plans must comply with the most recent City-adopted version of the
California Building Code (CBC).
Public Works Department
23. The Applicant shall install a new sewer cleanout on the existing sewer lateral per City
Standard 406. The new sewer cleanout shall be located within the sidewalk area along
the Colton Street frontage.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Coastal Development Permit No. (PA2025-0188)
262 Colton Street
Subject
Property
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Attachment No. ZA 3
Project Plans
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